Abstract

This article aims to explain the shortcomings of Québec law regarding the calculation of child support when paid by a de facto parent, and to present an alternative. Part I discusses the extent to which Québec de facto parents are required to pay child support under the doctrine of in loco parentis. Part II outlines how child support is calculated under federal private law when payable by a person standing in the place of a parent. In Part III, I put forward the hypothesis that Québec law imposes a synchronic approach to the calculation of child support when a de facto parent is involved. Last, in Part IV, I recommend the adoption of a layered approach to the calculation of child support.

Under this layered approach, the support obligation of a de facto parent is subsidiary to the obligation of the civil parent. First, the amount of child support paid by the civil parent is determined without considering the de facto parent. Then, the support obligation of the de facto parent is assessed using the usual rules. To obtain the real value of the de facto parent’s support obligation, the civil parent’s support must be subtracted, making the de facto parent’s contribution complementary to the contribution of the civil parent. The civil parent has a primary obligation, while the de facto parent has a secondary obligation. There are four advantages to this approach : (1) it helps ensure financial stability for the child, (2) it reflects the role played by the de facto parent during cohabitation, (3) it helps avoid unfairness towards the custodial civil parent, and (4) it helps preserve the institution of filiation.